A HISTORICAL EXAMINATION OF VICARIOUS LIABILITY: A “VERITABLE UPAS TREE”?

2019 ◽  
Vol 78 (3) ◽  
pp. 640-661
Author(s):  
Warren Swain
Keyword(s):  
Nineteenth Century ◽  
Middle Ages ◽  
Early Modern Period ◽  
Second World War ◽  
Late Nineteenth Century ◽  
World War ◽  
Vicarious Liability ◽  
History Of ◽  
Second World ◽  
Historical Examination

AbstractVicarious liability was, and it remains, curiously unsatisfactory. After a period of stability from the Middle Ages into the early modern period in the late seventeenth into the early eighteenth century, the existing law of vicarious liability began to be challenged. The mid-nineteenth century saw another reappraisal coinciding with the rise of notions of fault. The period that follows, from the late nineteenth century until after the Second World War period has not attracted much comment. One key debate in this period and earlier which provides a useful lens to examine the doctrine was whether vicarious liability should be properly characterised as a master's or servant's tort theory. The history of the doctrine during this period goes some way to explaining why the modern law remains incoherent.

scholarly journals The Westphalian model and sovereign equality

2011 ◽  
Vol 38 (3) ◽  
pp. 641-660 ◽  
Author(s):  
PETER M. R. STIRK
Keyword(s):  
Nineteenth Century ◽  
Eighteenth Century ◽  
International Relations ◽  
Second World War ◽  
Late Nineteenth Century ◽  
World War ◽  
Sovereign Equality ◽  
Normative Principle ◽  
Late Nineteenth ◽  
Second World

AbstractAlthough the Westphalian model takes many forms the association of Westphalian and sovereign equality is a prominent one. This article argues firstly that sovereign equality was not present as a normative principle at Westphalia. It argues further that while arguments for sovereign equality were present in the eighteenth century they did not rely on, or even suggest, a Westphalian provenance. It was, for good reasons, not until the late nineteenth century that the linkages of Westphalia and sovereign equality became commonplace, and even then sovereign equality and its linkage with Westphalia were disputed. It was not until after the Second World War, notably through the influential work of Leo Gross that the linkage of Westphalia and sovereign equality became not only widely accepted, but almost undisputed until quite recently. The article concludes by suggesting that not only did Gross bequeath a dubious historiography but that this historiography is an impediment to contemporary International Relations.

The German and Japanese Empires

2021 ◽  
pp. 1123-1160
Author(s):  
Daniel Hedinger ◽  
Moritz von Brescius
Keyword(s):  
Nineteenth Century ◽  
World War Ii ◽  
World Order ◽  
Second World War ◽  
Late Nineteenth Century ◽  
World War ◽  
Shared History ◽  
The World ◽  
Late Nineteenth ◽  
Second World

This chapter provides an analytical overview of the German and Japanese imperial projects from the mid-nineteenth century to the end of World War II. It shows how Germany and Japan—two imperial latecomers in the late nineteenth century—redefined imperialism and colonialism in the first half of the twentieth century. In order to realize their dreams of a new imperial world order, both countries broke with what had come before, and their violent imperial projects turned out to be radically new and different. While Europe had never seen an empire like Hitler’s, the same is true of East Asia and the so-called Co-Prosperity Sphere during the Second World War. In the end, it was their wars for empire and brutal legacies that not only profoundly shaped their respective national histories, but also undermined the legitimacy of imperialism after 1945. The chapter, which focuses on a series of important moments from a trans-imperial perspective, highlights two points. First, it stresses that the German and Japanese empires had a shared history. Second, it shows that by their emergence as colonial powers, Japan and Germany first fundamentally challenged and later changed the very rules of the “imperial game” and the existing global order. Their histories are central to understand great power competition in the first half of the 20th century as well as the imperial nature of the World Wars.

Phan Boi Chau: Asian Revolutionary in a Changing World

1971 ◽  
Vol 31 (1) ◽  
pp. 77-88 ◽  
Author(s):  
William J. Duiker
Keyword(s):  
Nineteenth Century ◽  
Second World War ◽  
World War ◽  
Nationalist Movement ◽  
Political Force ◽  
Communist Movement ◽  
History Of ◽  
Second World ◽  
French Authority ◽  
Country Today

One of the most striking facts about the history of modern Vietnam has been the persistent strength of the communist movement. In part, of course, this strength must be attributed to the organizational abilities of the communists themselves. But it might also be said that it is a testament to the weakness of the more moderate elements within the nationalist movement. Resistance to French control has a long history in Vietnam, dating back to the original conquest in the mid-nineteenth century. Yet only after the Second World War, when the communist-dominated Vietnam Independence League (Vietminh) led resistance to French authority, did a movement of truly national proportions arise in the country. By their leadership of the Vietminh, the communists became the most potent political force within the nationalist movement. By contrast, non-Marxist parties were consistently plagued by political factionalism and lack of unity, a reality that has been a major contributing factor to the contemporary tragedy in that country today.

Jerzy Wyrozumski

2021 ◽  
pp. 519-520
Keyword(s):  
Social History ◽  
Middle Ages ◽  
Political System ◽  
Second World War ◽  
Religious Movements ◽  
World War ◽  
Active Involvement ◽  
History Of ◽  
Second World ◽  
The Middle Ages

This chapter provides the obituary for Jerzy Wyrozumski, who died in Kraków in early November 2018 at the age of 88. It talks about Wyrozumski as a professor of history at the Jagiellonian University and an outstanding scholar of the Middle Ages for many years. He was born in Trembowla in East Galicia and was resettled with his family in Kozle in Silesia, which was incorporated into Poland after the Second World War. Wyrozumski's particular interest was the economic and social history of Poland during the Middle Ages, the functioning of the medieval political system, and medieval religious movements in Europe. The chapter mentions Wyrozumski's active involvement in the organization of the Conference on Jewish Autonomy in Poland that was held at the Jagiellonian University in September 1986.

scholarly journals From immigrants to emigrants: Salesian education and the failed integration of Italians in Egypt, 1937-1960

Modern Italy ◽  
2017 ◽  
Vol 23 (1) ◽  
pp. 1-17 ◽  
Author(s):  
Annalaura Turiano ◽  
Joseph John Viscomi
Keyword(s):  
Nineteenth Century ◽  
Vocational Training ◽  
Labour Force ◽  
Educational Institution ◽  
Second World War ◽  
Late Nineteenth Century ◽  
World War ◽  
Late Nineteenth ◽  
State Schools ◽  
Second World

With Italy’s entry into the Second World War, Anglo-Egyptian authorities repatriated Italian diplomats from Egypt, arrested around 5,000 Italians, and sequestered both personal and business accounts. Italian institutions were indefinitely closed, including the Italian state schools. Hope for a future in Egypt among the roughly 60,000 Italian residents faded. The Salesian missionary schools, whose goal since the late nineteenth century had been to inculcate nationalist-religious sentiment in Italy’s emigrants, remained the only active Italian educational institution by claiming Vatican protection. As such, the missionary schools assumed a central role in the lives of many young Italians. After the war, these same young Italians began to depart Egypt en masse, in part driven by the possibilities opened up by their vocational training. Building on diplomatic, institutional and private archives, this article demonstrates how the Salesian missionary schools attempted and failed to integrate Italian immigrants into the Egyptian labour force through vocational training. This failure combined with socio-economic and geopolitical changes to propel Italian departures from Egypt, making emigrants out of immigrants.

scholarly journals Contemporary History in Europe: From Mastering National Pasts to the Future of Writing the World

2011 ◽  
Vol 46 (3) ◽  
pp. 506-530 ◽  
Author(s):  
Kristina Spohr Readman
Keyword(s):  
Second World War ◽  
Late Nineteenth Century ◽  
Contemporary History ◽  
World War ◽  
The World ◽  
History Of ◽  
Late Nineteenth ◽  
Conceptual Problems ◽  
Second World

Debates surrounding the approach to and distinctiveness of contemporary history qua history that had been simmering ever since the professionalization of history in the late nineteenth century re-emerged with vigour after 1990. This article attempts to identify what characterizes and distinguishes (the history of) our present time, by comparing the evolution of what has been labelled ‘contemporary history’ in France, Germany and Britain over the last 90 years. In discussing some of the conceptual problems and methodological challenges of contemporary history, it will be revealed that many in Europe remain stuck in an older, ‘national’ (and transnational) fixation with the second world war and the nazis’ atrocities, although working in medias res today appears to point to the investigation of events and phenomena that are ‘global’. The article will seek to make a fresh suggestion of how to delimit ‘contemporariness’ from the older ‘past’ and end with some comments on the significance of the role of contemporary history within the broader historical discipline and society at large.

The Music Collection of the Staats- Und Universitätsbibliothek, Hamburg: A Survey of its British Holdings Prior to the Second World War

1997 ◽  
Vol 30 ◽  
pp. 1-138
Author(s):  
Richard Charteris
Keyword(s):  
Nineteenth Century ◽  
Second World War ◽  
Late Nineteenth Century ◽  
World War ◽  
British Music ◽  
Music Collection ◽  
Late Nineteenth ◽  
Italian Music ◽  
Second World ◽  
Partial Destruction

The extent of the music holdings of the Staats- und Universitätsbibliothek, Hamburg, has never been revealed in print, and, except for a few recent publications dealing with a select number of its extant sources, there has been little comment about the losses it sustained during the Second World War (in 1919 the library's name was changed from ‘Stadtbibliothek’ to ‘Staats- und Universitätsbibliothek’, and in 1983 it acquired its present name ‘Staats- und Universitätsbibliothek Hamburg Carl von Ossietzky‘). Prior to its dispersal and partial destruction during the Second World War, the Hamburg library's music collection compared favourably to other great music libraries of the day such as those in the Bayerische Staatsbibliothek, Munich, and the Bodleian Library, Oxford. That the Hamburg library now possesses only a small quantity of its original holdings is a cause for much lament, but since detailed descriptions survive of all its pre-War materials, musicologists are afforded some remarkable insights into its sources, many of which have escaped scholarly attention; the descriptions are found in a manuscript catalogue compiled by the brilliant nineteenth-century bibliographer Arrey von Dommer (1828–1905). Dommer's catalogue reveals that in the late nineteenth century the Hamburg library possessed an extensive amount of music, both printed and manuscript, and that its collection of British music, though smaller than its holdings of German and Italian music, was very significant—the richness of its British materials reflects the particular interest of the collector Friedrich Chrysander (1826–1901), from whom much of the library's music was obtained.

scholarly journals The fascist new–old order

2017 ◽  
Vol 12 (2) ◽  
pp. 166-183 ◽  
Author(s):  
Reto Hofmann
Keyword(s):  
World Order ◽  
Second World War ◽  
Late Nineteenth Century ◽  
New World Order ◽  
World War ◽  
Old Order ◽  
Recent Scholarship ◽  
History Of ◽  
The Relationship ◽  
Second World

AbstractContemporaries and historians alike have explained the imperialism of interwar Japan, Italy, and Germany through the paradigm of a ‘new world order’. This article critically revisits this received assumption by analysing the place of the Axis in the longer history of imperialism from the late nineteenth century to the Second World War. If we cast Axis empires – a blend of fascism and imperialism – in the larger framework constituted by the relationship between the nation and capital, it becomes clear that they were not so much the result of the peculiar national histories of Japan, Italy, and Germany, but products of larger, global forces. Through an examination of recent scholarship, this article offers a new conceptual interpretation of the link between imperialism and fascism. In so doing, it adds to our understanding of the interwar period by breaking down the neat boundaries between liberal and fascist world orders.

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